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Friday, August 20, 2010

When you apply for Social Security Disability benefits, there is a good chance that your application will be denied. Frequently deserving cases will be denied because the Social Security claims agent does not have medical records or other documentation to fully evaluate your claim.

If you are denied, do not give up. You can and should appeal your denial by filing a request for reconsideration within 60 days after receiving your denial. If your reconsideration appeal is also denied, you can and should request a hearing before a Social Security judge. Here, too, you have 60 days to file an appeal.

When you request a Social Security hearing, your case will be assigned to an administrative law judge in your community. Unlike the Social Security claims agents, Social Security judges have much more decision making power to approve your case. In most cases, you are better off retaining a lawyer to represent you in a hearing before a judge.

If you have misplaced the address for appeal, call SSA at 800-772-1213 to ask for a mailing address. Otherwise, look up the address in the phone book. If you are nearing the 60 day deadline, hand deliver your appeal to your nearest Social Security office and make sure to get a receipt for your filing.

Even if you send your appeal to the Social Security Administration at the wrong address, your appeal date will most likely be protected as long as someone, somewhere at Social Security received it. Even a fax will suffice.

Similarly, if you cannot download the appeal form, prepare something in writing that references your name and Social Security number along with a statement that you want to appeal, and get it to SSA.

You should always file your appeal within 60 days. It usually takes 1 to 2 years for your Social Security Disability appeal to be heard. During that time your condition(s) could get worse or you could get a new condition that will strengthen your case.

Call your Michigan Social Security Disability attorneys today at 1-866-540-0677 to help you file for Social Security Disability benefits if you suffer from a physical or mental illness. If you are in Macomb County, Oakland County, Wayne County or anywhere else in Michigan and need help with your Social Security Disability case, goto our website at http://allanwbenpc.com or contact our office at mailto:info@allanwbenpc.com

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About Me

I am a graduate of The Ohio State University and Chicago-Kent College of Law. I was a member of Sigma Alpha Mu while attending The Ohio State University. I was admitted to practice in the State of Michigan in 1999. I was admitted to practice law in the Eastern District and Western District of the U.S. District Court. I am a member of the Oakland County Bar Association and the Detroit Bar Association. I am a member of the Michigan Association for Justice. I have not been disciplined by the State Bar of Michigan.